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Subject: Development of Creative Commons licenses

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  • From: Thomas Uwe Gruettmueller <sloyment AT gmx.net>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Information on use of CC-licensed works
  • Date: Mon, 1 Dec 2003 04:44:40 +0100

Hi (IANAL TINLA)

On Samstag 29 November 2003 00:54, Evan Prodromou wrote:

> The following are a starting point. I'm not a lawyer, and I
> don't know if these are correct,

Me neither.

> but maybe they'd be good to
> start adding. These lists aren't exhaustive, and of course we
> hope downstream users and collaborators think of cool and
> interesting ways to use CC-licensed content.

I have the German Authors Rights Law (the Copyright equivalent)
in front of me (the 1998 version, so not really up to date).

So, here is another list:

WORK TYPES

| §2 Protected works
|
| 1. The protected works of literature, science and arts include:
|
| 1. language works, such as written works, speeches and
| computer programs;
| 2. works of music;
| 3. pantomime works and works of dance arts;
| 4. works of the depicting arts, including architectural
| works, works of the applied arts (?) as well as drafts
| thereof;
| 5. Photographic works, including works that are created
| similarily;
| 6. Film works, including works that are created similarily;
| 7. Graphics of scientifical or technical kind, such as
| drawings, construction papers, maps, sketches, tables, and
| plastics.
|
| 2. Works in the meaning of this law are only personal,
| intellectual creations.

There are also 'database works' and 'collection works' (s. §4),
i.e. mere aggregation can form a 'work'!

Further, there are certain things that do not count as 'work',
which are however protected quite similarily (but partially in
lesser form, e.g. with shorter protection times):

* Scientific editions of unprotected works (s. §70)
* Photos (that do not qualify as 'photographic work') (s. §72)
* The show of a performing artist (s. §73)
* Audio recordings (s. §85)
* Broadcasted shows (s. §87)
* Databases (that do not qualify as 'database work') (§87)
* Films (that do not qualify as 'film work') (s. §95)

IMHO, a free content license should be designed to be applicable
to all these work types.

- - - - -

THINGS THAT NEED PERMISSION FROM THE RIGHTS HOLDER:

| 3. Usage Rights
|
| §15 Overview
|
| 1. The creator has the exclusive right to use his work in
| corporal form; this right includes
|
| 1. the right to copy [the work] (§16), [1]
| 2. the right to distribute [the work] (§17),
| 3. the right to display [the work] (§18).
|
| 2. The creator has also the exclusive right to present his work
| to the public (right of public presentation) in incorporal
| form; this right includes
|
| 1. the right to recite, perform or show [the work] (§19),
| 2. the right to broadcast [the work] (§20),
| 3. the right to make [the work] perceptible [in public],
| using an audio or video recording (§21),
| 4. the right to make [the work] perceptible [in public] from
| a transmission (§22),

[1] To 'copy' can also mean to 'record' here.

| §23 Modifications
|
| Modifications of the work can only be published or otherwise
| used with the permission of the creator. If the work is
| supposed to be filmed, or if plans or drafts of a work of the
| depicting arts are supposed to be executed, or [...] then even
| the creation of the modified version requires permission.

All of these actions should IMHO be covered by a free content
license.

- - - - -

> But they give an
> idea to people.
>
> ---8<---
>
> MUSIC AND OTHER AUDIO

You only pick three areas from the huge list. What can be done
with a coreography, a statue, a building... The list is endless.

> OK for all licenses (but commercial use restrictions may
> apply):

It should be OK, but some rights seem to have been forgotten.

> [1] -Listening at home
> [2] -Saving to a personal music player (e.g. IPod)
> [4] -Playing in public
> [2] -Linking from another Web location
> [2] -Copying to another Web location
> [2] -Burning to a CD
> [4] -Playing on Internet radio
> [3] -Playing on regular radio
> [2] -Sharing on a peer-to-peer network

[1] does not require a license
[2] covered by CC licenses
[3] not yet covered by CC licenses
[4] partially

Other things one might want to do with music:

* modifying
* distributing CDs
* performing (i.e. play an instrument, sing, dance)
* playing from a recording
* creating a recording (e.g. on a concert)
* extracting the lyrics or melody
* creating a coreography
* including in a movie
* including in a collection
...

> PHOTOS AND OTHER IMAGES
>
> OK for all licenses (but commercial use restrictions may
> apply):
> [1] -Viewing at home
> [2] -Printing on a computer printer
> [2] -Making a photo-quality print
> [3] -Displaying in public
> [1] -Linking from another Web location
> [2] -Copying to another Web location
> [2] -Sharing on a peer-to-peer network

[1] does not require a license
[2] covered by CC licenses
[3] not yet covered by CC licenses

Other things one might want to do with photos:

* modifying
* distributing in tangible form
* broadcasting (e.g. as still image)
* reusing in books, films, collages etc.
* including in a collection
...

> MOVIES AND OTHER VIDEO
>
> OK for all licenses (but commercial use restrictions may
> apply): -Viewing at home
> [3] -Projecting in a movie theater or other public place
> [1] -Linking from another Web location
> [2] -Copying to another Web location
> [2] -Sharing on a peer-to-peer network
> [4] -Playing on Internet streaming video
> [3] -Playing on regular TV
> [3] -VJ for clubs and raves
> [2] -Burning to a CD
> [2] -Burning to a DVD

Other ideas:

* modifying
* distributing tangible media
* playing a recording in public
* creating a recording (e.g. in a cinema)
* extracting the music
* reusing in another movie
* including in a collection
...

> TEXT
>
> OK for all licenses (but commercial use restrictions may
> apply):
> [1] -Viewing at home
> [1/2?] -Saving to read later
> [1/2?] -Printing to read later
> [2] -Photocopying in entirety
> [2] -Copying to another Web location
> [2] -Linking from another Web location
> [2] -Emailing to a friend
> [2] -Emailing to a mailing list
> [2] -Printing as a book
> [3] -Reading aloud in public
> [3] -Reading aloud on the radio
> [3] -Reading aloud on TV
> [3] -Performing in public

Are you talking about a theatre play here?

> [2] -Burning to a CD
> [1] -Using text-to-speech software to read aloud
> [2] -Sharing on a peer-to-peer network

(I don't really care about the distinction between 'Collective
Work' and 'Derivative Work'. It seems to be only important when
it comes to license incompatibility.)

cu,
Thomas }:o{#
-- - http://217.160.174.154/~sloyment/ - --
"Look! They have different music on the dance floor..."




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